The Scrap Metal Act

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S.M. 2022, c. 12

Bill 9, 4th Session, 42nd Legislature

The Scrap Metal Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill establishes The Scrap Metal Act. It creates duties for a scrap metal dealer when they purchase or receive scrap metal, including obtaining proof of identification from the seller and retaining records about the transaction.

Other requirements for scrap metal dealers include limiting cash purchases of scrap metal and providing regular reports to law enforcement agencies.

This Bill enables law enforcement to conduct inspections to determine compliance. Penalties are established for contraventions of the Act or the regulations.

(Assented to June 1, 2022)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1

The following definitions apply in this Act.

"law enforcement agency" means any of the following:

(a) a municipal police service;

(b) the Royal Canadian Mounted Police Force;

(c) a prescribed agency or organization. (« organisme chargé de l'application de la loi »)

"peace officer" means a police officer or special constable as defined in The Police Services Act, a member of the Royal Canadian Mounted Police Force and a member of a prescribed agency or organization. (« agent de la paix »)

"prescribed" means prescribed by regulation. (Version anglaise seulement)

"regulation" means a regulation under this Act. (« règlement »)

"restricted item" means any of the following, whether whole, disassembled or shredded:

(a) metallic wire that has had insulation or casing removed from it;

(b) a catalytic converter;

(c) a sewer access cover and a sewer grate;

(d) a metal traffic control light, signal and sign;

(e) a street lighting pole, wiring and fixture;

(f) a metal grave marker, plaque, monument and statue;

(g) metal that bears distinguishing or identifying marks indicating ownership of the metal;

(h) a prescribed item. (« article faisant l'objet de restrictions »)

"scrap metal" means a used item that is

(a) substantially made, or deriving its value, from aluminum, brass, bronze, copper, iron, lead, steel, stainless steel, tin or a prescribed metal or alloy; or

(b) a restricted item. (« ferraille »)

"scrap metal dealer" means a person engaged in the business of purchasing, trading or bartering scrap metal and includes the employees and agents of the person. (« commerçant en ferraille »)

SALE AND PURCHASE OF SCRAP METAL

Requirements for selling scrap metal

2

A person must not sell or provide scrap metal to a scrap metal dealer unless the person provides to the dealer at the time of the transaction

(a) government-issued identification;

(b) a photograph of the person's face that provides sufficient detail to identify the person;

(c) a description of the type, weight and any distinguishing marks or features of the scrap metal;

(d) a description of the means used by the person to acquire the scrap metal; and

(e) any other prescribed information or document.

Requirements for purchasing scrap metal

3

A scrap metal dealer must not purchase or receive scrap metal unless

(a) the person selling or providing the scrap metal has complied with section 2; and

(b) the scrap metal dealer obtains or records at the time of the transaction all of the following:

(i) a copy of the government-issued identification of the person selling or providing the scrap metal,

(ii) a photograph of the person selling or providing the scrap metal,

(iii) a description of the type, weight and any distinguishing marks or features of the scrap metal,

(iv) a description of how the person acquired the scrap metal,

(v) if the transaction includes a restricted item, a photograph that provides sufficient detail to identify the item,

(vi) the date and time of the transaction,

(vii) the total value of the transaction,

(viii) the full name of the individual who conducts the transaction on behalf of the scrap metal dealer,

(ix) if a motor vehicle is used to deliver the scrap metal to the scrap metal dealer, the number, letters and jurisdiction shown on the number plate of the vehicle,

(x) any other prescribed information or document.

Retention of records

4(1)

A scrap metal dealer must keep the information and documents obtained or recorded under section 2 or 3 at their place of business for a minimum period of two years after the date of the transaction.

Notice that records may be disclosed

4(2)

A scrap metal dealer must inform a person entering into a transaction that the information and documents required to be provided at the time of the transaction are being kept by the dealer and may be provided to a peace officer or a law enforcement agency.

Deemed consent to disclosure

4(3)

The person who is required to provide the information and documents at the time of the transaction is deemed to consent to the transfer of the information and documents to a peace officer or a law enforcement agency.

Cash transactions

5(1)

A dealer must not pay cash for scrap metal if

(a) the total value of the scrap metal included in the transaction is greater than the prescribed amount; or

(b) the transaction includes a restricted item.

Multiple transactions

5(2)

For the purpose of calculating a payment under subsection (1), multiple transactions with the same person during a 24-hour period are deemed to be a single transaction.

Exempt sellers

6

Sections 2 to 5 do not apply to the sale or provision of scrap metal by any of the following:

(a) a corporation that is authorized to carry on business in Manitoba;

(b) a person who is a dealer, salesperson or recycler under The Drivers and Vehicles Act;

(c) a person or class of persons excluded by regulation.

Exempt items

7

Sections 2 to 5 do not apply to the sale or provision of

(a) metal cans or containers that were used for food, beverages, paint or other domestic or household products and that are normally recycled to avoid waste;

(b) coins, bullion or jewellery; or

(c) an item or class of items excluded by regulation.

REPORTING

Reporting to law enforcement agency

8

With respect to the purchase of any restricted items, a scrap metal dealer must provide records collected at the time of a transaction to a law enforcement agency responsible for providing law enforcement services to the area in which the scrap metal dealer is located. The records must be provided at the intervals and in the manner set out in the regulations.

Reporting stolen property

9

If after a purchase or receipt of scrap metal there are reasonable grounds for a scrap metal dealer to believe that the metal is stolen property, the scrap metal dealer must immediately report the matter to a law enforcement agency responsible for providing law enforcement services to the area in which the scrap metal dealer is located.

INSPECTIONS

Peace officer may inspect

10(1)

A peace officer may carry out any inspection, examination or test reasonably required to determine compliance with this Act and the regulations.

Right of entry

10(2)

To perform a duty or function under subsection (1), a peace officer may, at any reasonable time without a warrant, enter

(a) a scrap metal dealer's place of business; or

(b) any other premises or place where the peace officer has reason to believe that records or other property relevant to the administration or enforcement of this Act and the regulations may be found.

Entry into dwelling only with consent or warrant

10(3)

A peace officer may not enter into a private dwelling except with the consent of the owner or occupant or under the authority of a warrant obtained in accordance with Part 4 of The Provincial Offences Act.

Peace officer to show identification

11

A peace officer carrying out an inspection must show their identification if requested to do so.

Assistance to peace officer

12

The owner or person in charge of the place of inspection or having custody or control of the relevant records must

(a) produce or make available to a peace officer all records and property that the peace officer requires for the inspection; and

(b) provide any assistance or additional information that the peace officer reasonably requires to perform the inspection.

Electronic records

13

A peace officer may require the owner or person in charge of records or of the place of inspection or information system in which they are kept to

(a) produce the relevant records in the form of a printout or in an electronically readable format that can be used by the peace officer, or both; and

(b) make them available for inspection at the place of inspection or send them to an address specified by the peace officer, or both.

Peace officer may make copies

14(1)

A peace officer may use equipment at the place of inspection to make copies of relevant records, and may remove the copies from the place of inspection for further examination.

Removal of records to make copies

14(2)

A peace officer who is not able to make copies of records at the place of inspection may remove them to make copies, but the officer must give a receipt to the person from whom they were taken and return the originals as soon as practicable.

Warrant

15

Sections 10 to 14 do not limit the ability of a peace officer to apply for, receive and execute a warrant under Part 4 of The Provincial Offences Act.

Copies as evidence

16

A document certified by a peace officer to be a printout or copy of a record obtained under this Act

(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(b) has the same probative force as the original record.

Obstruction

17

A person must not hinder, obstruct or interfere with a peace officer conducting an inspection.

OFFENCES AND PENALTIES

Offences and penalties — individuals

18(1)

An individual who contravenes this Act or the regulations is guilty of an offence and liable on conviction

(a) for a first offence, to a fine of not more than $5,000; and

(b) for a second or subsequent offence, to a fine of not more than $15,000.

Offences and penalties — corporations

18(2)

A corporation who contravenes this Act or the regulations is guilty of an offence and is liable on conviction

(a) for a first offence, to a fine of not more than $15,000; and

(b) for a second or subsequent offence, to a fine of not more than $50,000.

Continuing offence

18(3)

When a contravention of this Act or the regulations continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Directors and officers

18(4)

If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who authorized, directed, permitted, acquiesced or participated in the commission of the offence is also guilty of an offence and is liable on conviction to the penalty provided for in subsection (1), whether or not the corporation has been prosecuted or convicted.

Liability for employee or agent

18(5)

In a prosecution under this section for an offence by a scrap metal dealer, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the scrap metal dealer while acting in the course of their employment or agency functions, whether or not the employee or agent has been prosecuted or convicted.

GENERAL

Regulations

19

The Lieutenant Governor in Council may make regulations

(a) prescribing an agency or organization for the purpose of the definitions "law enforcement agency" and "peace officer";

(b) prescribing an item or a class or type of items as being a restricted item;

(c) prescribing a type of metal or alloy for the purpose of clause (a) of the definition "scrap metal";

(d) respecting information and documents to be provided to a scrap metal dealer by a seller and information and documents to be recorded and retained by a scrap metal dealer;

(e) excluding any person or class of persons and any item or class of items from the application of sections 2 to 5;

(f) prescribing a maximum value of scrap metal for which a scrap metal dealer may pay cash in a transaction;

(g) respecting recordkeeping and reporting requirements for scrap metal dealers;

(h) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.

C.C.S.M. reference

20

This Act may be referred to as chapter S40 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

21

This Act comes into force on a day to be fixed by proclamation.